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Communications&MultimediaAct1998Act588 PDF
Communications&MultimediaAct1998Act588 PDF
LAWS OF MALAYSIA
Reprint
Act 588
communications and
multimedia act 1998
Incorporating all amendments up to 1 January 2006
Published by
The Commissioner of Law revision, Malaysia
Under the Authority of the Revision of Laws Act 1968
in Collaboration with
Percetakan Nasional Malaysia Bhd
2006
Previous Reprint
LAWS OF MALAYSIA
Act 588
ARRANGEMENT OF SECTIONS
Part I
PRELIMINARY
Section
1. Short title
2. Commencement
3. Objects
4. Territorial and extra-territorial application
5. Power of the Minister to exclude certain persons, geographical areas,
etc.
6. Interpretation
Part II
Chapter 1
Ministerial Direction
Chapter 2
Ministerial Determination
Chapter 3
Ministerial Declaration
Chapter 4
Ministerial Regulations
Part III
APPEAL TRIBUNAL
LICENCES
Chapter 1
Individual Licence
Section
27. Application for an individual licence
28. Further information
29. Recommendation by the Commission
30. Grant of an individual licence
31. Restriction on the grant of an individual licence
32. Compliance with the conditions of an individual licence
33. Modification, variation or revocation of individual licence conditions
34. Renewal of an individual licence
35. Surrender of an individual licence
36. Transfer of an individual licence or change of ownership
37. Recommendation for the suspension or cancellation of an individual
licence
38. Suspension or cancellation of an individual licence by the Minister
39. Effective date of suspension or cancellation of an individual licence
40. Publication on suspension or cancellation of an individual licence
41. Effect of suspension, cancellation, surrender or expiry of an individual
licence
42. Register of individual licences
43. Rights and obligations attached to an individual licence
Chapter 2
Class Licence
Chapter 1
Directions
Section
51. Directions by the Commission
52. Modification, variation or revocation of a direction by the Commission
53. Offence for non-compliance with a direction of the Commission
54. Register of directions
Chapter 2
Determination
Chapter 3
Inquiry
Section
68. Investigation by the Commission
69. Complaints to the Commission
70. Conduct of investigation
71. Report on investigation
72. Publication of reports
Chapter 5
Information-gathering Powers
Chapter 6
Register
Chapter 7
82. Disputes
83. Notification of a dispute
84. Commission to act only upon notification
85. Commission may publish guidelines
86. Commission to decide notified dispute
Laws of Malaysia Act 588
Section
87. Decision to be in writing
88. Register of decisions
89. Enforcement
Chapter 8
Registration of Agreements
Chapter 9
Chapter 10
Mandatory Standards
Undertakings
Section
110. Undertaking by a person
111. Registration of an undertaking
112. Rules regarding undertakings
113. Withdrawal of an undertaking
114. Replacement of an undertaking
115. Register of undertakings
116. Enforcement of an undertaking
Chapter 12
Regulatory Forbearance
Chapter 13
Review of Decisions
Chapter 14
Regulatory Review
Chapter 15
ECONOMIC REGULATION
Chapter 1
Licensing
Section
126. Licensing of network facilities, network services and applications
services
127. Compliance with licence conditions
128. Definition of network boundary
129. Exemption for applications service provider not subject to a class
licence
130. Nominated facilities provider
131. Providers under a class licence shall register
132. Separate licence
Chapter 2
Chapter 3
Access to Services
145. Facilities and services which may be included in the access list
Communications and Multimedia 11
Section
146. Determination of facilities and services by the Commission
147. Recommendation by access forum
148. Register of access list
149. Standard access obligations for facilities and services
150. Registration of access agreements
151. Notification of access disputes
152. Access forum
153. Access code
154. Registration of the access code
155. Industry access undertakings
156. Registration of an undertaking
Part VII
TECHNICAL REGULATION
Chapter 1
Spectrum Assignment
Chapter 2
Chapter 3
Technical Standards
Part VIII
CONSUMER PROTECTION
Chapter 1
Quality of Service
Chapter 2
Chapter 3
Chapter 4
Rate Regulation
Chapter 5
SOCIAL REGULATION
Chapter 1
Licensing
Section
205. Prohibition on the provision of content applications service
206. Compliance with licence conditions
207. Closed content applications service
208. Exemptions for incidental content
209. Limited content applications service
210. Opinion on category of service
Chapter 2
Content Requirements
Part X
GENERAL
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Miscellaneous
TRANSITIONAL PROVISIONS
Chapter 1
Section
273. Repeal
274. Dissolution of the Telecommunications Fund
275. Savings
Chapter 2
Act 588
Part I
PRELIMINARY
Short title
Commencement
Objects
4. (1) This Act and its subsidiary legislation apply both within
and outside Malaysia.
Interpretation
“appointed date” means the date on which this Act comes into
operation;
“conduit” means—
(a) any conduit which, whether or not it is itself an electric
line, is maintained by an electricity company for the
purpose of enclosing, surrounding or supporting such
line, including, where such conduit is connected to any
box, chamber or other structure (including a building)
maintained by an electricity supply company for purposes
connected with the conveyance, transmission or distribution
of electricity, that box, chamber or structure;
(b) a water main or any other conduit maintained by a water
authority for the purpose of conveying water from one
place to another;
(c) a public sewer;
(d) a culvert or water course; or
(e) any other underground facility for carrying, enclosing,
surrounding or supporting any network facilities;
24 Laws of Malaysia Act 588
“consumer code” means a voluntary industry code prepared
under Chapter 1 of Part VIII;
“Minister” means the Minister for the time being charged with
the responsibility for communications and multimedia;
Chapter 1
Ministerial Direction
Variation of a direction
Chapter 2
Ministerial Determination
10. (1) The Minister may, from time to time, determine any matter
specified in this Act as being subject to Ministerial determination,
without consultation with any licensees or persons.
Variation of a determination
Register of determinations
Chapter 3
Ministerial Declaration
Register of declarations
Ministerial Regulations
Part III
APPEAL TRIBUNAL
Qualifications of members
22. The quorum for the Appeal Tribunal shall be formed by—
(a) a Judge; and
(b) at least two other members, or any greater even number
of members not exceeding four, none of whom are
Judges,
Suspension of member
25. The Minister may, at his discretion, suspend any member of the
Appeal Tribunal on the ground of misbehaviour or incapacity.
Disclosure of interest
(3) For the purpose of this Act, the Secretary and the officers
designated under subsection (2) shall be deemed to be officers
of the Appeal Tribunal.
Obligation of secrecy
26b. (1) Except for this Part or for the purposes of any civil or
criminal proceedings under any written law, or where authorized
by the Minister—
(a) the Chairman, members of the Appeal Tribunal or any
officer of the Appeal Tribunal shall not, during the time
he serves as such Chairman, member or officer, disclose
any information obtained by him in the course of his
duties; and
(b) no other person who has, by any means, access to any
information or document relating to the affairs of the
Appeal Tribunal shall disclose such information or
document.
Communications and Multimedia 39
(2) A person who contravenes subsection (1) commits an offence
and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding
three months or to both.
26c. The Chairman and all members and officers of the Appeal
Tribunal, while discharging their duties as the Chairman and
such members and officers, shall be deemed to be public servants
within the meaning of the Penal Code [Act 574], and to be
public officers for the purposes of the Criminal Procedure Code
[Act 593].
26d. The Public Authorities Protection Act 1948 [Act 198] shall
apply to any action, suit, prosecution or proceedings against
the Appeal Tribunal, Chairman or any member or officer of the
Appeal Tribunal in respect of any act, neglect or default done or
committed by him in such capacity.
LICENCES
Chapter 1
Individual Licence
(2) For the purposes of subsection (1), the Minister may set out
in the regulations made under section 16 the persons or classes of
persons who are not eligible to apply for an individual licence.
Further information
28. (1) The Commission may at any time after the application for
an individual licence is made, request the applicant to give the
Commission, within the period specified in the request, further
information on the application.
Class Licence
Chapter 1
Directions
Register of directions
Chapter 2
Determination
55. (1) The Commission may, from time to time, determine any
matter specified in this Act as being subject to the Commission’s
determination.
52 Laws of Malaysia Act 588
(2) The Commission may conduct an inquiry to decide whether
a determination should be made, either—
(a) in response to a written request from a person; or
(b) on its own initiative.
Chapter 3
Inquiry
Conduct of an inquiry
Report on an inquiry
65. (1) The Commission shall publish a report, setting out its
findings as a result of any inquiry it conducts.
(2) The Commission shall publish the report within thirty days
of the conclusion of the inquiry.
56 Laws of Malaysia Act 588
(3) The Commission shall not include in the report any
material—
(a) that is of a confidential nature;
(b) the disclosure of which is likely to prejudice the fair trial
of a person;
(c) which would involve the unreasonable disclosure of
personal information about any individual (including a
deceased individual); or
(d) that is the subject of a direction under section 63 or
64.
Register of reports
Chapter 4
(2) The complaint shall specify the person against whom the
complaint is made (“the respondent”).
Conduct of investigation
Report on investigation
Publication of reports
Information-gathering Powers
Provision of information
73. (1) This section applies to any person if the Commission has
reason to believe that the person—
(a) has any information (including but not limited to accounts
and records) or any document that is relevant to the
performance of the Commission’s powers and functions
under this Act or its subsidiary legislation; or
(b) is capable of giving any evidence which the Commission
has reason to believe is relevant to the performance of
the Commission’s powers and functions under this Act
or its subsidiary legislation.
Proof of compliance
(2) Subsection (1) shall not affect any other power conferred
on the Commission under this Act.
77. (1) The Commission may take, and retain for as long as
is necessary, possession of a document produced under this
Chapter.
Incorrect record
Record of information
Chapter 6
Register
Chapter 7
Disputes
Notification of a dispute
(3) Subject to the objects of this Act and any guidelines issued
by the Commission under this Chapter, the Commission may
resolve the dispute upon such terms and conditions as it may
deem fit.
Decision to be in writing
Register of decisions
Enforcement
Chapter 8
Registration of Agreements
Effect of registration
Industry forum
(3) The voluntary industry code shall only take effect upon
registration.
Communications and Multimedia 69
Applicable voluntary industry code
97. (1) The Commission shall ensure that there is only one
voluntary industry code in operation that is applicable to a
particular matter for a particular person or class of persons at a
given time.
Revocation of a code
Chapter 10
Mandatory Standards
Chapter 11
Undertakings
Undertaking by a person
Registration of an undertaking
Withdrawal of an undertaking
Replacement of an undertaking
Register of undertakings
Enforcement of an undertaking
Chapter 12
Regulatory Forbearance
Regulatory forbearance
Chapter 13
Review of Decisions
Judicial review
(2) A person shall not apply to the court for a judicial review
unless that person has first exhausted all other remedies provided
under this Act.
Chapter 14
Regulatory Review
122. (1) The Commission shall review all rules and regulations made
under this Act that are in effect at the time of the review.
Chapter 15
Report to be published
Part VI
ECONOMIC REGULATION
Chapter 1
Licensing
(3) A licensee under this Part shall not provide any facility or
service except in accordance with the conditions of the licence
granted to that licensee under this Part or the conditions of a
class licence to which the licensee is subject.
128. (1) The Minister may determine the network boundary for
the purposes of this Act.
Separate licence
132. A licence obtained under this Chapter does not exempt any
person from the obligation to obtain a licence under any other
relevant section of this Act.
Chapter 2
133. A licensee shall not engage in any conduct which has the
purpose of substantially lessening competition in a communications
market.
Communications and Multimedia 83
Commission may publish guidelines
(2) The guidelines may specify the matters which the Commission
may take into account, including—
(a) the relevant economic market;
(b) global technology and commercial trends affecting market
power;
(c) the market share of the licensee;
(d) the licensee’s power to make independent rate setting
decisions;
(e) the degree of product or service differentiation and sales
promotion in the market; and
(f) any other matters which the Commission is satisfied are
relevant.
Register of authorizations
144. (1) Subject to subsection (2), the Minister may make rules,
to be published in the Gazette, in respect of agreements between
licensees, under this Act, and foreign network facilities providers
and/or network service providers.
(2) The Minister shall only make the rules, under subsection (1),
which are intended to prevent or mitigate—
(a) any conduct by foreign network facilities providers and/
or network service providers which will, or is likely
to lead to, a substantial lessening of competition in a
communications market; or
(b) the misuse of market power in a communications
market.
Chapter 3
Access to Services
145. (1) The list of facilities and services which may be included
in the access list, as determined by the Commission under this
Chapter, are—
(a) network facilities;
(b) network services; and
(c) other facilities and/or services which facilitate the provision
of network services or applications services, including
content applications services.
151. (1) A party to a dispute over the compliance with the standard
access obligation under section 149 may notify the Commission of
the dispute under Chapter 7 of Part V.
(2) A party who is seeking to exercise his rights under the standard
access obligations, or a party who has notified the Commission of
the dispute under subsection (1), may, at any time, withdraw, in
writing, the notification.
Access forum
Access code
153. (1) The Commission shall make a written request to the access
forum to prepare an access code.
(2) An access code shall provide model terms and conditions for
compliance with the standard access obligations.
(3) Matters which the access code may address include but are
not limited to—
(a) the time frame and procedures for negotiations and the
concluding of access agreements;
(b) rate methodologies;
(c) protection of intellectual property;
90 Laws of Malaysia Act 588
(d) protection of commercial information;
(e) provisioning of facilities; and
(f) sharing of technical information.
(4) The access code may provide for different terms and conditions
for the different network facilities and network services listed in
the access list.
Registration of an undertaking
Part VII
TECHNICAL REGULATION
Chapter 1
Spectrum Assignment
Transfer rules
Class assignment
Spectrum plan
173. (1) A spectrum plan shall define how the spectrum shall be
used and define the methodology for assignment and reassignment
of the spectrum.
94 Laws of Malaysia Act 588
(2) The Commission, in exercising the functions under
subsection (1), shall take into account—
(a) the objects of the Act;
(b) the impact of the spectrum plan on existing users; and
(c) any applicable international standards, conventions and
agreements including, but not limited to, the International
Telecommunication Union and its radio regulations as
agreed to and adopted by Malaysia.
Preferential rights
176. (1) The Minister may, after taking into account the
recommendation of the Commission, determine that a certain
spectrum is to be reallocated for spectrum assignments.
(3) The Minister may, after taking into account the recommendation
of the Commission under subsection (2), direct that assignments
in a determined spectrum be compulsorily acquired by the
Commission.
179. (1) The Commission shall be vested with the control, planning,
administration, management and assignment of the numbering
and electronic addressing of network services and applications
services.
(2) The numbering and electronic addressing plan may set out
rules which include, but are not limited to—
(a) the use of different numbers and electronic addresses for
different kinds of services;
(b) the assignment of numbers and electronic addresses;
(c) the transfer of assigned numbers and addresses;
(d) the use of assigned numbers and electronic addresses;
(e) the portability of assigned numbers and electronic
addresses;
(f) the requirements for network service providers and
applications service providers to maintain a plan for
assigning and reassigning numbers and electronic
addresses; and
(g) the rates for the assignment and transfer of numbers
and electronic addresses which may be imposed by the
Commission.
Chapter 3
Technical Standards
Certifying agencies
Consumer forum
(2) The matters which the consumer code may address may
include, but are not limited to—
(a) the provision of information to customers regarding
services, rates and performance;
(b) the provisioning and fault repair of services;
(c) the advertising or representation of services;
(d) customer charging, billing, collection and credit practices;
and
(e) any other matter of concern to consumers.
Chapter 2
192. (1) For the purposes of this Part, the Minister may determine
a list of required applications services.
Chapter 3
195. The Commission may use any of its powers under this
Act in the resolution of complaints received from consumers in
102 Laws of Malaysia Act 588
relation to matters of customer service and consumer protection
including, but not limited to, the failure by a licensee to comply
with a consumer code prepared under this Part.
Chapter 4
Rate Regulation
Chapter 5
204. (1) For the purposes of this Act, a fund to be known as the
“Universal Service Provision Fund” (“USP Fund”) is established
and it shall be controlled and operated by the Commission.
Part IX
SOCIAL REGULATION
Chapter 1
Licensing
(2) A licence obtained under this section does not exempt any
person from the obligation to obtain a licence under any other
relevant section of this Act.
(3) For the purposes of this section, the Minister may determine
guidelines which clarify or add to the criteria used in defining
the term “limited content applications service” and all matters
related to it.
Chapter 2
Content Requirements
Content forum
Content code
(2) The matters which the code may address may include, but
are not limited to—
(a) the restrictions on the provision of unsuitable content;
(b) the methods of classifying content;
(c) the procedures for handling public complaints and
for reporting information about complaints to the
Commission;
Communications and Multimedia 109
(d) the representation of Malaysian culture and national
identity;
(e) public information and education regarding content
regulation and technologies for the end user control of
content; and
(f) other matters of concern to the community.
Part X
GENERAL
Chapter 1
Inspection of land
Minimal damage
Management of activity
220. If—
(a) a network facilities provider engages, or proposes to
engage, in an activity covered by this Chapter;
(b) that activity is or will be authorized by a network facilities
installation permit; and
(c) the network facilities installation permit is subject to one
or more conditions,
(2) The notice must specify the purpose for which the provider
intends to engage in the activity.
(4) The notice under subsection (1) must be given at least fourteen
days before the provider begins to engage in the activity.
229. (1) The Commission may regulate the rates, terms and
conditions for access to any post, network facilities or right-of-
way and provide that such rates, terms and conditions are just and
reasonable and may adopt procedures necessary and appropriate
to hear and resolve disputes in accordance with Chapter 7 of
Part V.
Chapter 2
commits an offence.
commits an offence.
234. (1) A person who, without lawful authority under this Act
or any other written law—
(a) intercepts, attempts to intercept, or procures any
other person to intercept or attempt to intercept, any
communications;
(b) discloses, or attempts to disclose, to any other person the
contents of any communications, knowing or having reason
to believe that the information was obtained through the
interception of any communications in contravention of
this section; or
(c) uses, or attempts to use, the contents of any communications,
knowing or having reason to believe that the
120 Laws of Malaysia Act 588
information was obtained through the interception of
any communications in contravention of this section,
commits an offence.
commits an offence.
commits an offence.
commits an offence.
Compounding of offences
243. (1) The Chairman of the Commission may, with the consent in
writing of the Public Prosecutor, compound any offence committed
by any person under this Act or its subsidiary legislation and
determined by the Minister to be a compoundable offence by
regulations made under this Act by making a written offer to the
person suspected to have committed the offence to compound the
offence upon payment to the Chairman of an amount of money
not exceeding fifty per cent of the amount of maximum fine for
that offence within the time specified in the offer.
Chapter 3
Authorized officer
Power to investigate
Search by warrant
251. (1) If any thing has been seized under this Act, a designated
police officer other than the police officer who effected the seizure,
may at any time after that before it is forfeited under this Act
release the thing to the person as he determines to be lawfully
entitled to the thing if he is satisfied that the thing is not liable
to forfeiture under this Act and is not otherwise required for the
purpose of any proceedings under this Act, or for the purpose of
any prosecution under any other law, and in such event neither
Communications and Multimedia 131
the officer effecting the seizure, nor the Government or any
person acting on behalf of the Government, shall be liable to
any proceedings by any person if the seizure and the release of
the thing had been effected in good faith.
Additional powers
257. (1) If any person is charged with an offence under this Act,
any statement, whether the statement amounts to a confession or
not or whether it is oral or in writing, made at any time, whether
before or after the person is charged and whether in the course
of an investigation under this Act or not and whether or not
wholly or partly in answer to questions, by that person to or in
the hearing of an authorized officer and whether or not interpreted
to him by another officer or other person, shall be admissible in
evidence at his trial and, if the person charged tenders himself as
a witness, any such statement may be used in cross-examination
and for the purpose of impeaching his credit.
Prosecution
Forfeiture
(2) An order for the forfeiture or for the release of any facility,
apparatus, equipment, device, thing or matter liable to forfeiture
under this section shall be made by the court before which the
prosecution with regard to it has been held and an order for the
forfeiture of the facility, apparatus, equipment, device, thing or
Communications and Multimedia 135
matter shall be made if it is proved to the satisfaction of the court
that an offence under this Act or its subsidiary legislation, or
any breach of the conditions subject to which a licence has been
granted or an assignment has been issued, has been committed
and that the facility, apparatus, equipment, device, thing or matter
was used in the commission of the offence despite the fact that
no person may have been convicted of the offence or breach.
Rewards
Chapter 4
Disaster plan
Chapter 5
Miscellaneous
269. (1) The Minister may direct the Commission regarding the
interworking arrangements between the Commission and any
other authority in Malaysia or in a foreign jurisdiction, or any
international organization.
Communications and Multimedia 139
(2) The Minister may make rules, to be published in the
Gazette, and/or determine arrangements for interworking with,
or membership of, international organizations regarding the
interworking arrangements between licensees under this Act and
international organizations.
Repeal
273. (1) The Telecommunications Act 1950 [Act 20] and the
Broadcasting Act 1988 [Act 338] are repealed (“the repealed
Acts”).
Savings
279. This Act does not confer any new benefit or right on a
registered licensee registered under section 278 except where
that benefit or right was conferred under the old licence.
Schedule
[Paragraph 32(a), subsections 44(2), 127(1) and 206(1)]
LICENCE CONDITIONS
The licensee shall notify the Minister of any joint ventures with
other licensees into which the licensee enters.
The licensee shall comply with the spectrum plan issued under this
Act.
The licensee shall comply with any consumer codes registered under
this Act which are relevant to the activities of the licensee.
Annual turnover %
RM....... ......%
RM....... ......%
RM....... ......%
Licensed area.
Specific rights and privileges agreed between the licensee and the
Government which are conditional upon the undertakings entered
into by the licensee.
The licensee shall comply with the spectrum plan issued under this
Act.
The licensee shall comply with any consumer codes registered under
this Act which are relevant to the activities of the licensee.
The licensee shall notify the Minister of any joint ventures with
other licensees which the licensee enters into.
The licensee shall comply with the spectrum plan issued under this
Act.
The licensee shall comply with any consumer codes registered under
this Act which are relevant to the activities of the licensee.
Annual turnover %
RM....... .......%
RM....... .......%
RM....... .......%
Licensed area.
Specific rights and privileges agreed between the licensee and the
Government which are conditional upon the undertakings entered
into by the licensee.
The licensee shall comply with the spectrum plan issued under this
Act.
The licensee shall comply with any consumer codes registered under
this Act which are relevant to the activities of the licensee.
The licensee shall notify the Minister of any joint ventures with
other licensees which the licensee enters into.
The licence replaces any other licence issued by the Minister and
shall be the sole licence held by the licensee in respect of the
applications services authorized under this licence.
The licensee shall comply with any consumer codes registered under
this Act which are relevant to the activities of the licensee.
Licensed area.
Specific rights and privileges agreed between the licence and the
Government which are conditional upon the undertakings entered
into by the licensee.
The class licence replaces any other licence granted by the Minister
and shall be the sole licence held by the licensee in respect of the
applications services authorized under this licence.
Communications and Multimedia 149
The licensee shall comply with any consumer codes registered under
this Act which are relevant to the activities of the licensee.
The licensee shall notify the Minister of any joint ventures with
other licensees which the licensee enters into.
The licensee shall comply with any consumer codes registered under
this Act which are relevant to the activities of the licensee.
Annual turnover %
RM…… .....%
RM…… .....%
RM…… .....%
Licensed area.
Station call.
Hours of operation.
Specific rights and privileges agreed between the licensee and the
Government which are conditional upon the undertakings entered
into by the licensee.
The licensee shall comply with any consumer codes registered under
this Act which are relevant to the activities of the licensee.
LAWS OF MALAYSIA
Act 588
COMMUNICATIONS AND MULTIMEDIA ACT 1998
LIST OF AMENDMENTS